July 21, 1997
His Royal Highness
Prince Naif bin `Abd al-`Aziz
Ministry of the Interior
P.O. Box 2833
Airport Road, Riyadh 11134
Kingdom of Saudi Arabia
Via the Embassy of the Kingdom of Saudi Arabia to the United States
Your Royal Highness:
Human Rights Watch is collecting additional factual information regarding the case of `Abd al-Karim al-Naqshabandi, a forty-year-old Syrian national who was executed in Riyadh, Saudi Arabia on 3 Sha`ban 1417 after having been tried and convicted of witchcraft (sihr) by the Greater Court of Riyadh in sessions presided over by Shaykh Sulayman al-Samhan. The charges against Mr. al-Naqshabandi apparently stem in part from allegations by his employer of fourteen years, Amir Salman bin Saud bin Abd al-Aziz, and appear to be based on evidence such as amulets (hujub) and horoscopes.
Based on the materials in our possession, which include documents submitted during the trial, we are concerned about whether Mr. al-Naqshabandi's rights were fully respected during his detention and trial. We have included a brief summary of the facts of the case as we know them; in order to check the information we have as carefully as possible and to ensure that anything we issue concerning the case includes an official perspective, we are requesting from you answers or comments in response to the following questions related to this case. We have also addressed a separate letter to the minister of justice, asking for additional information regarding al-Naqshabandi's trial, sentencing and execution. If your reply reaches us by 13 August 1997 we will include all pertinent information you provide in any document we issue concerning the case.
Summary of the Case of `Abd al-Karim al-Naqshabandi
We understand that al-Naqshabandi was arrested at his place of work in the Nasiriya district on 2 Ramadan 1414, immediately following his release from four days of detention (28 Sha`ban to 2 Ramadan) in another case brought by his employer, Amir Salman bin Saud bin Abd al-Aziz. The arresting officers were from the Committee for the Propagation of Virtue and the Prevention of Vice
(hay'at al-amr bilma`ruf wa al-nahi `an al-munkar) in the Suwidi district; al-Naqshabandi alleged that the Suwidi district Committee involvement in the case was at the behest of a member of the Amir's staff. Upon searching al-Naqshabandi's desk, the officers reportedly discovered amulets and books that were later submitted as evidence against al-Naqshabandi. Al-Naqshabandi's written statements to Shaykh Sulayman allege that many of these materials did not belong to him and that he was threatened with beatings while being interviewed by an officer of the Committee, and then spent the night tied up while in the Committee's custody. Al-Naqshabandi further alleged that while in police custody he was placed in solitary confinement, refused family visits, and beaten and threatened by a police officer acting at the behest of the Amir. Eventually he was transferred to al-Malaz Prison.
While being held in al-Malaz Prison al-Naqshabandi reportedly made five appeals to the Court for Urgent Affairs for his release before his case was transferred to the Greater Court of Riyadh for trial before Shaykh Sulayman al-Samhan. During the trial Shaykh `Adil al-Muqbil testified on behalf of the Committee for the Propagation of Virtue and the Prevention of Vice, although al-Naqshabandi alleged that Shaykh `Adil was not in fact the individual who interviewed him during the Committee's investigations. al-Naqshabandi presented written testimony to Shaykh Sulayman which included detailed descriptions of abuse he and others suffered at the hands of Amir Salman, names of witnesses who could verify al-Naqshabandi's account of the Amir's behavior, and allegations of abuse and impropriety by the Committee and the police. He had no access to a lawyer of his choosing either before, during or after his trial.
According to the Ministry of the Interior's press release, al-Naqshabandi was found guilty of practicing witchcraft and possessing polytheistic and superstitious books (kutub shirkiya wa khurafiya). He was sentenced to death on 21 Rajab 1417 and publicly executed on Friday, 3 Sha`ban 1417. Individuals who saw him on the Monday and Tuesday prior to his execution say that he did not know he had been sentenced and told them that he expected to be released soon. On 5 Sha`ban 1417 the Syrian embassy formally requested that the governor of Riyadh facilitate the return of the body to the family. To date the body still has not been returned to the family.
Human Rights Watch would greatly appreciate any clarifications or additional information you may be able to provide us about this case. In particular, we are interested in knowing your response to the following important questions:
Questions Relating to Arrest and Detention
* Is the Statute of the Principles of Arrest, Temporary Confinement and Preventive Detention (11 November 1983, Official Gazette, issue 2988) still in force? If not, what statutes have amended or replaced it, and can you provide us with copies of them?
* What other statutes, if any, govern the activities of the Committee, and can you provide us with copies of them? In particular, under what circumstances is it permissible for the Committee officers to make arrests outside their assigned districts?
* On what charges was al-Naqshabandi detained on 28 Sha`ban 1414? On what basis was he released on 2 Ramadan 1414?
* Were al-Naqshabandi's family or embassy notified of either the 28 Sha`ban or the 2 Ramadan arrest? If not, why not? If so, how and when were they notified?
* How long was the period of pretrial detention? If al-Naqshabandi was detained for the entire period between his arrest on 2 Ramadan 1414 and his execution on 3 Sha`ban 1417, on what grounds was he detained?
* Were either the family or the Syrian embassy allowed to see al-Naqshabandi during his second detention? If so, when? If not, why not?
* Was al-Naqshabandi allowed access to a lawyer of his choosing during his second detention? If so, when? If not, why not?
Accusations of Abuse and Impropriety
* Given the seriousness of al-Naqshabandi's allegations of mistreatment and impropriety by the Committee and the police, were these allegations ever investigated? If not, why not? If so, what did the investigation find?
* Has the body been returned to the family for burial in Syria, and if not, why not?
We look forward to your response at your earliest convenience. As indicated above, all pertinent information received by 13 August 1997 will be included in any materials we publish on this case.
Sincerely,
Eric Goldstein
Acting Executive Director
BRUSSELS HONG KONG LONDON LOS ANGELES MOSCOW NEW YORK RIO DE JANEIRO WASHINGTON
human rights watchmiddle
485 5th Avenue
New York, New York 10017
Telephone: (212)972-8400
Facsimile: (212)972-0905
HUMAN RIGHTS WATCH/MIDDLE EAST
Eric Goldstein
Acting Executive Director
Virginia N. Sherry
Associate Director
Joe Stork
Advocacy Director
Clarisa Bencomo
Elahé Sharifpour-Hicks
Nejla Sammakia
Research Associates
Georgina Copty
Awali Samara
Associates
ADVISORY COMMITTEE
Gary G. Sick
Chair
Lisa Anderson
Bruce Rabb
Vice Chairs
Shaul Bakhash
M. Cherif Bassiouni
Martin Blumenthal
Paul Chevigny
Helena Cobban
Patricia Derian
Stanley Engelstein
Edith Everett
Mansour Farhang
Christopher E. George
Rita E. Hauser
Rev. J. Bryan Hehir
Edy Kaufman
Marina Pinto Kaufman
Samir Khalaf
Judith Kipper
Pnina Lahav
Ann M. Lesch
Stephen P. Marks
Rolando Matalon
Philip Mattar
David K. Shipler
Sanford Solender
Mary Ann Stein
Shibley Telhami
Andrew Whitley
Napoleon B. Williams, Jr.
James J. Zogby
HUMAN RIGHTS WATCH
Kenneth Roth
Executive Director
Susan Osnos
Associate Director
Michele Alexander
Development Director
Cynthia Brown
Program Director
Barbara Guglielmo
Finance & Administration
Director
Lotte Leicht
Brussels Office Director
Susan Osnos
Communications Director
Wilder Tayler
General Counsel
Joanna Weschler
United Nations
Representative
Robert L. Bernstein
Chair
E-mail: hrwnyc@hrw.org
July 21, 1997
His Excellency
Dr. Abdullah bin Muhammed bin Ibrahim al-Shaykh
Ministry of Justice
Riyadh, Kingdom of Saudi Arabia
Via the Embassy of the Kingdom of Saudi Arabia to the United States
Your Excellency:
Human Rights Watch is collecting additional factual information regarding the case of `Abd al-Karim al-Naqshabandi, a forty-year-old Syrian national who was executed in Riyadh, Saudi Arabia on 3 Sha`ban 1417 after having been tried and convicted of witchcraft (sihr) by the Greater Court of Riyadh in sessions presided over by Shaykh Sulayman al-Samhan. The charges against Mr. al-Naqshabandi apparently stem in part from allegations by his employer of fourteen years, Amir Salman bin Saud bin Abd al-Aziz, and appear to be based on evidence such as amulets (hujub) and horoscopes.
Based on the materials in our possession, which include documents submitted during the trial, we are concerned about whether Mr. al-Naqshabandi's rights were fully respected during his detention and trial. We have included a brief summary of the facts of the case as we know them; in order to check the information we have as carefully as possible and to ensure that anything we issue concerning the case includes an official perspective, we are requesting from you answers or comments in response to the following questions related to this case. We have also addressed a separate letter to the minister of the interior, asking for additional information regarding al-Naqshabandi's arrest and detention, as well as any investigation of his allegations of abuse and impropriety by personnel supervised by that ministry. If your reply reaches us by 13 August 1997 we will include all pertinent information you provide in any document we issue concerning the case.
Summary of the Case of `Abd al-Karim al-Naqshabandi
We understand that al-Naqshabandi was arrested at his place of work in the Nasiriya district on 2 Ramadan 1414, immediately following his release from four days of detention (28 Sha`ban to 2 Ramadan) in another case brought by his employer, Amir Salman bin Sa`ud bin `Abd al-Aziz. The arresting officers were from the Committee for the Propagation of Virtue and the Prevention of Vice (hay'at al-amr bilma`ruf wa al-nahi `an al-munkar) in the Suwidi district; al-Naqshabandi alleged that the Suwidi district Committee involvement in the case was at the behest of a member of the Amir's staff. Upon searching al-Naqshabandi's desk, the officers reportedly discovered amulets and books that were later submitted as evidence against al-Naqshabandi. Al-Naqshabandi's written statements to Shaykh Sulayman allege that many of these materials did not belong to him and that he was threatened with beatings while being interviewed by an officer of the Committee, and then spent the night tied up while in the Committee's custody. Al-Naqshabandi further alleged that while in police custody he was placed in solitary confinement, refused family visits, and beaten and threatened by a police officer acting at the behest of the Amir. Eventually he was transferred to al-Malaz Prison.
While being held in al-Malaz Prison al-Naqshabandi reportedly made five appeals to the Court for Urgent Affairs for his release before his case was transferred to the Greater Court of Riyadh for trial before Shaykh Sulayman al-Samhan. During the trial Shaykh `Adil al-Muqbil testified on behalf of the Committee for the Propagation of Virtue and the Prevention of Vice, although al-Naqshabandi alleged that Shaykh `Adil was not in fact the individual who interviewed him during the Committee's investigations. al-Naqshabandi presented written testimony to Shaykh Sulayman which included detailed descriptions of abuse he and others suffered at the hands of Amir Salman, names of witnesses who could verify al-Naqshabandi's account of the Amir's behavior, and allegations of abuse and impropriety by the Committee and the police. He had no access to a lawyer of his choosing either before, during or after his trial.
According to the Ministry of the Interior's press release, al-Naqshabandi was found guilty of practicing witchcraft and possessing polytheistic and superstitious books (kutub shirkiya wa khurafiya). He was sentenced to death on 21 Rajab 1417 and publicly executed on Friday, 3 Sha`ban 1417. Individuals who saw him on the Monday and Tuesday prior to his execution say that he did not know he had been sentenced and told them that he expected to be released soon. On 5 Sha`ban 1417 the Syrian embassy formally requested that the governor of Riyadh facilitate the return of the body to the family. To date the body still has not been returned to the family.
Human Rights Watch would greatly appreciate any clarifications or additional information you may be able to provide us about this case. In particular, we are interested in knowing your response to the following important questions:
Questions Regarding the Charges
* What were the precise charges on which al-Naqshabandi was convicted? Were there any other charges brought against al-Naqshabandi?
* Are "witchcraft" and possession of "polytheistic and superstitious books" crimes codified in Saudi Arabian law? If so, where, and how are they defined? What punishment(s) are prescribed for these crimes?
* Have other individuals been sentenced to death for similar activities since 1990? If so, what are their names, and when were they executed?
Questions Regarding the Trial
* Was the trial public? If not, why not? How long was the trial?
* Was al-Naqshabandi allowed adequate time and facilities for the preparation of his defense, including access to a lawyer of his choosing? If so, when? If not, why not?
* What witnesses were called to testify on behalf and against al-Naqshabandi? Was al-Naqshabandi allowed to question them? Were any of the individuals mentioned in Mr. al-Naqshabandi's testimony as witnesses to abuses by the Amir ever called to give testimony? If not, why not? If so, which ones?
* On the basis of what evidence was it concluded that al-Naqshabandi engaged in witchcraft? On the basis of what evidence was it concluded that that activity was harmful?
Questions Regarding the Sentencing and Execution
* How, and how long after the sentencing, was al-Naqshabandi notified of the sentence?
* Were al-Naqshabandi's family or embassy notified of the sentence? If not, why not? If so, how and when were they notified?
* Was the death sentence subject to judicial review? If not, why not? If so, by what body, and when?
* What accounts for the almost three year period between arrest and sentencing?
* What accounts for the very short period between sentencing and execution?
* How was the execution carried out? Is this the normal means of execution for an individual sentenced to death for these crimes?
We look forward to your response at your earliest convenience. As indicated above, all pertinent information received by 13 August 1997 will be included in any materials we publish on this case.
Sincerely,
Eric Goldstein
Acting Executive Director
BRUSSELS HONG KONG LONDON LOS ANGELES MOSCOW NEW YORK RIO DE JANEIRO WASHINGTONhuman rights watchmiddle
485 5th Avenue
New York, New York 10017
Telephone: (212)972-8400
Facsimile: (212)972-0905
HUMAN RIGHTS WATCH/MIDDLE EAST
Eric Goldstein
Acting Executive Director
Virginia N. Sherry
Associate Director
Joe Stork
Advocacy Director
Clarisa Bencomo
Elahé Sharifpour-Hicks
Nejla Sammakia
Research Associates
Georgina Copty
Awali Samara
Associates
ADVISORY COMMITTEE
Gary G. Sick
Chair
Lisa Anderson
Bruce Rabb
Vice Chairs
Shaul Bakhash
M. Cherif Bassiouni
Martin Blumenthal
Paul Chevigny
Helena Cobban
Patricia Derian
Stanley Engelstein
Edith Everett
Mansour Farhang
Christopher E. George
Rita E. Hauser
Rev. J. Bryan Hehir
Edy Kaufman
Marina Pinto Kaufman
Samir Khalaf
Judith Kipper
Pnina Lahav
Ann M. Lesch
Stephen P. Marks
Rolando Matalon
Philip Mattar
David K. Shipler
Sanford Solender
Mary Ann Stein
Shibley Telhami
Andrew Whitley
Napoleon B. Williams, Jr.
James J. Zogby
HUMAN RIGHTS WATCH
Kenneth Roth
Executive Director
Susan Osnos
Associate Director
Michele Alexander
Development Director
Cynthia Brown
Program Director
Barbara Guglielmo
Finance & Administration
Director
Lotte Leicht
Brussels Office Director
Susan Osnos
Communications Director
Wilder Tayler
General Counsel
Joanna Weschler
United Nations
Representative
Robert L. Bernstein
Chair
E-mail: hrwnyc@hrw.org
13 June 1997
His Excellency Farouk al Sharaa
Minister of Foreign Affairs
c/o Embassy of the Syrian Arab Republic
2215 Wyoming Avenue, NW
Washington, DC 20008
Your Excellency:
Human Rights Watch is in the process of collecting information about the case of Abd al Karim al-Naqshabandi, a 40 year old Syrian national who was executed in Riyadh, Saudi Arabia, on 3/8/1417 after his trial and conviction of "witchcraft" (sihr) by the Greater Court of Riyadh in sessions presided over by Shaykh Sulayman al-Samhan. According to our information, his body was never returned to his family, despite their request that they be allowed to take it to Syria for burial. The charges against Mr. al-Naqshabandi apparently stem from allegations by his employer of fourteen years, and appear to be based on evidence such as amulets (hujub) and horoscopes. Based on the materials in our possession, we have reason to believe that Mr. al-Naqshabandi's rights may have been violated by Saudi authorities, and we are conducting an investigation into the circumstances of his detention, trial, and execution by beheading.
As you may know, the case was reported by both the Syrian and the Saudi Arabian press. Human Rights Watch has obtained a copy of a document entitled "The Study by the Syrian Embassy of the File of the Suspect Abd al Karim al-Naqshabandi." The study provides a detailed legal analysis and critique of the charges against al-Naqshabandi and points out procedural irregularities in his arrest and trial. We would appreciate it very much if you could provide us with the proper citation for this study, which is undated, so that we may cite it in our work. Human Rights Watch would also welcome an opportunity to discuss the details of this case, either with you or with the relevant officials in the Syrian embassy in Riyadh. We understand that the embassy in Riyadh followed the case, and the embassy may be in possession of the complete case file.
We are especially interested obtaining information about Mr. al-Naqshabandi's detention and trial, as we believe that his right to due process may have been violated. Specifically, we are interested in documentation of the following important issues:
* The date, and process by which, Saudi authorities notified the Syrian government of the charges against Mr. al-Naqshabandi.
* The procedures by which Syrian diplomats could obtain permission to visit Mr. al-Naqshabandi, either in pretrial or post-trial detention.
* The manner in which the Syrian government first learned that Mr. al-Naqshabandi was sentenced to death.
* The procedures by which the Syrian Embassy could undertake efforts to provide legal or other assistance to Mr. al-Naqshabandi, either before, during or after the trial, including the procedures, if any, by which a death penalty may be appealed.
* The procedures by which Syrian authorities could request a copy of Mr. al-Naqshabandi's case file.
* The procedures to request that Mr. al-Naqshabandi's body be returned to his family for burial in Syria.
We would also be interested in receiving information about other Syrian nationals who have been executed in Saudi Arabia in recent years, and the similarities or differences between these cases and Mr. al-Naqshabandi's.
I am also communicating these concerns and requests for information to the Minister of Justice and the Syrian ambassador to the United States, and would be most grateful for any assistance you may be able to offer in bringing this matter to their attention. I look forward to a reply at your earliest convenience.
Sincerely
Clarisa Bencomo
Research Associate for
Iraq and the Arabian Peninsula
BRUSSELS HONG KONG LONDON LOS ANGELES MOSCOW NEW YORK RIO DE JANEIRO WASHINGTONhuman rights watchmiddle
485 5th Avenue
New York, New York 10017
Telephone: (212)972-8400
Facsimile: (212)972-0905
HUMAN RIGHTS WATCH/MIDDLE EAST
Eric Goldstein
Acting Executive Director
Virginia N. Sherry
Associate Director
Joe Stork
Advocacy Director
Clarisa Bencomo
Elahé Sharifpour-Hicks
Nejla Sammakia
Research Associates
Georgina Copty
Awali Samara
Associates
ADVISORY COMMITTEE
Gary G. Sick
Chair
Lisa Anderson
Bruce Rabb
Vice Chairs
Shaul Bakhash
M. Cherif Bassiouni
Martin Blumenthal
Paul Chevigny
Helena Cobban
Patricia Derian
Stanley Engelstein
Edith Everett
Mansour Farhang
Christopher E. George
Rita E. Hauser
Rev. J. Bryan Hehir
Edy Kaufman
Marina Pinto Kaufman
Samir Khalaf
Judith Kipper
Pnina Lahav
Ann M. Lesch
Stephen P. Marks
Rolando Matalon
Philip Mattar
David K. Shipler
Sanford Solender
Mary Ann Stein
Shibley Telhami
Andrew Whitley
Napoleon B. Williams, Jr.
James J. Zogby
HUMAN RIGHTS WATCH
Kenneth Roth
Executive Director
Susan Osnos
Associate Director
Michele Alexander
Development Director
Cynthia Brown
Program Director
Barbara Guglielmo
Finance & Administration
Director
Lotte Leicht
Brussels Office Director
Susan Osnos
Communications Director
Wilder Tayler
General Counsel
Joanna Weschler
United Nations
Representative
Robert L. Bernstein
Chair
E-mail: hrwnyc@hrw.org
13 June 1997
His Excellency Hussain Hassoun
Minister of Justice
c/o Embassy of the Syrian Arab Republic
2215 Wyoming Avenue, NW
Washington, DC 20008
Your Excellency:
Human Rights Watch is in the process of collecting information about the case of Abd al Karim al-Naqshabandi, a 40 year old Syrian national who was executed in Riyadh, Saudi Arabia, on 3/8/1417 after his trial and conviction of "witchcraft" (sihr) by the Greater Court of Riyadh in sessions presided over by Shaykh Sulayman al-Samhan. According to our information, his body was never returned to his family, despite their request that they be allowed to take it to Syria for burial. The charges against Mr. al-Naqshabandi apparently stem from allegations by his employer of fourteen years, and appear to be based on evidence such as amulets (hujub) and horoscopes. Based on the materials in our possession, we have reason to believe that Mr. al-Naqshabandi's rights may have been violated by Saudi authorities, and we are conducting an investigation into the circumstances of his detention, trial, and execution by beheading.
As you may know, the case was reported by both the Syrian and the Saudi Arabian press. Human Rights Watch has obtained a copy of a document entitled "The Study by the Syrian Embassy of the File of the Suspect Abd al Karim al-Naqshabandi." The study provides a detailed legal analysis and critique of the charges against al-Naqshabandi and points out procedural irregularities in his arrest and trial. We would appreciate it very much if you could provide us with the proper citation for this study, which is undated, so that we may cite it in our work. Human Rights Watch would also welcome an opportunity to discuss the details of this case, either with you or with the relevant officials in the Syrian embassy in Riyadh. We understand that the embassy in Riyadh followed the case, and the embassy may be in possession of the complete case file.
We are especially interested obtaining information about Mr. al-Naqshabandi's detention and trial, as we believe that his right to due process may have been violated. Specifically, we are interested in learning if the Ministry of Justice followed this case or has any information about the following important issues:
* The date, and process by which, Saudi authorities notified the Syrian government of the charges against Mr. al-Naqshabandi.
* The procedures by which Syrian diplomats could obtain permission to visit Mr. al-Naqshabandi, either in pretrial or post-trial detention.
* The manner in which the Syrian government first learned that Mr. al-Naqshabandi was sentenced to death.
* The procedures by which the Syrian Embassy could undertake efforts to provide legal or other assistance to Mr. al-Naqshabandi, either before, during or after the trial, including the procedures, if any, by which a death penalty may be appealed.
* The procedures by which Syrian authorities could request a copy of Mr. al-Naqshabandi's case file.
* The procedures to request that Mr. al-Naqshabandi's body be returned to his family for burial in Syria.
We would also be interested in receiving information about other Syrian nationals who have been executed in Saudi Arabia in recent years, and the similarities or differences between these cases and Mr. al-Naqshabandi's.
I am also communicating these concerns and requests for information to the Minister of Foreign Affairs and the Syrian ambassador to the United States, and would be most grateful for any assistance you may be able to offer in bringing this matter to their attention. I look forward to a reply at your earliest convenience.
Sincerely
Clarisa Bencomo
Research Associate for
Iraq and the Arabian Peninsula